Slips trips and falls...

Discussion in 'Property Management' started by Rich2011, 9th Oct, 2015.

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  1. Rich2011

    Rich2011 Well-Known Member

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    Tenant falls over backwards when stepping out of the shower/bath and hits his head on the tiled wall resulting in a hole in the wall, 2 tiles completely broken (240x200mm) including the wall sheet. The tenant is ok. Who pays for the repairs?

    P.S. The tenants have offered to fix the damage at their cost doing the repair themselves, however as it is in the shower area I am concerned about water penetration if not done properly....
     
    Last edited: 9th Oct, 2015
    Rich2011, 9th Oct, 2015
    #1
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Was the fall due to the landlord's negligence?
     
    Terry_w, 9th Oct, 2015
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  3. Rich2011

    Rich2011 Well-Known Member

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    Does water on the floor make the landlord negligent?
     
    Rich2011, 9th Oct, 2015
    #3
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Depends on the origin...
     
    Terry_w, 9th Oct, 2015
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  5. HUGH72

    HUGH72 Well-Known Member

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    Has the tenant previously complained about the floor surface or has there been any maintenance requests by the tenant previously regarding the tiles?
     
    HUGH72, 10th Oct, 2015
    #5
  6. Jess Peletier

    Jess Peletier Mortgage Broker & Finance Strategy, Aus Wide! Business Member

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    How does a tenant break a tiled wall with his head and walk away okay?
     
    Jess Peletier, 10th Oct, 2015
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  7. Rich2011

    Rich2011 Well-Known Member

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    No, the floor is in fine condition.
     
    Rich2011, 10th Oct, 2015
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  8. Rich2011

    Rich2011 Well-Known Member

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    Tough fella I suppose, they bread em tough in Logan ;)
     
    Rich2011, 10th Oct, 2015
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  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Well if you didn't cause him to slip he has damaged your property and should fix it or pay for it to be fixed.
     
    Terry_w, 10th Oct, 2015
    #9
  10. Scott No Mates

    Scott No Mates Well-Known Member

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    A Loganite, that explains it.
     
    Scott No Mates, 10th Oct, 2015
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  11. Bayview

    Bayview Well-Known Member

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    Of course; don't you know - this is the 21st Century - it's everyone elses fault.
     
    Bayview, 10th Oct, 2015
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  12. bythebay

    bythebay Well-Known Member

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    Just pay it :p
    You're lucky the tenant hasnt trumped up legal proceedings against you for causing aggravation of preexiting back injuries and psychological injury :confused:
     
    bythebay, 14th Oct, 2015
    #12